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Comment Once the console's servers are shut down (Score 1) 112

Developers can make the license whatever they want including on consoles.

Not once the console maker shuts down the platform's reactivation servers.

Or say the publisher wants to publish a multiplayer game where players 2 through 4 can download a limited-functionality version of the game without charge so long as player 1 is a paying licensee and on their mutual contacts list. This resembles the model used by StarCraft spawned installations, single-Pak multiplayer on Game Boy Advance, and DS Download Play on Nintendo DS. I don't think all consoles support this sort of game sharing.

Comment Re: Cheap = abused. (Score 1) 28

But CITIZEN! THAT is an OBSTACLE to police investigations!

Don't you want police to investigate crimes!?
You aren't SOFT ON CRIME, are you!? Only criminals would have anything to fear from expanded police powers, citizen!

Remember Citizen, Reauthorizing FISA is absolutely ESSENTIAL to our national security, because the gatekeeping by all those bad, onerous warrants we used to need were OBSTACLES to INVESTIGATION! Those mean, bad terrorists that hate our way of life are aided and abetted by our heroic men and women being stymied in this most important work! (Pay absolutely no attention to what's in the Kissinger memos! We're good guys! You can TRUST us!)

--- That is to say, 'We gotta be able to do this whenever, however, however often, and for whatever reason we want!' Is indeed *exactly the thing they cannot be allowed to have*, (for the very reason you just illustrated), and is also expressly they very thing they have been crying publicly about until govt gave it to them.

There is not a category where it is at once cheap and easy to do, and 'does not get abused'.

That means it cannot be cheap and easy to do, if you want to prevent its abuse.

Comment Re:Two statutory carveouts: first sale and RAM cop (Score 1) 112

Which is not an ownership issue, it's a DRM/license enforcement issue.

Correct. The digital restrictions management regime on paid downloads from PlayStation Store doesn't grant rights to a licensee that are equivalent to those that the law reserves for the owner of a copy. The complaint, as I understand it, is that the required notice of inequivalence is not conspicuous enough.

The plaintiffs can still get the same benefits of the product even if their purchase is just for a license.

The benefits are not the same if the publisher or the platform gatekeeper retains the ability to remotely disable licensed software.

Comment Re:What does someone think "owning" a game would m (Score 1) 112

The only thing you really lose is the ability to resell your license easily.

Or, in the case of certain failure modes of PlayStation Store (such as end of support for a particular platform), the ability to restore your license to replacement hardware.

Comment Re:This Is Why I Ditched Ubuntu (Score 1) 45

Users do want this. Watch the final part of the recent Linus Tech Tips Linux Challenge. Three of them switched to Linux for a month, and they all kept using it afterwards. Previous challenges had them going back to Windows.

The two big things that changed are Proton making games work, and AI making solving Linux problems less painful. They all commented on the reaction they get when asking questions of the Linux community. It's often hostile and unhelpful, telling them that they don't actually want to do what they want to do and should just do something else, or blaming them for picking the wrong distro, or some other off-putting response. When googling answers, often it comes down to a Reddit thread with outdated information that no longer works. AI is much more helpful and seems to check what solution is needed for their specific, up to date distro.

It makes sense to put an AI assistant in Ubuntu, for users who are coming from Windows, the biggest area of growth for them. If they properly tailor it to their OS, with relevant and up to date information, it could get around one of their biggest hurdles - the toxic community.

Comment Re:This Is Why I Ditched Ubuntu (Score 2) 45

I see what you are saying, but also I'm not sure if I'd say it's a disability, but I certainly find typing stuff out is easier than saying it. Especially as I can edit it before submission, where as what I say is what the AI responds to immediately.

It's a lot like talking on the phone, which I also dislike. Face to face, people can see your expressions and when you look like you are trying to think of what to say or how to rephrase something, they can wait. On the phone, or talking to an AI, that isn't possible.

As long as they keep both options it's okay I guess.

Comment Re:revocable (Score 1) 112

Narrowing:
1. The right answer in the case of games with a substantial offline experience is to not make the license for the offline portion revocable.
2. The right answer in the case of games without a substantial offline experience is to describe the license as a rental at all times.

Comment Re:revocable (Score 1) 112

All three major console makers require all customers to "agree[] to let them change the terms when you signed up." If a game developer wants to sell a customer an indefinite license that the console maker can't revoke, the developer has no way to do so. This appears to be evidence of a cartel to me. How is it not?

Comment Re:revocable (Score 1) 112

You don't respect the time and effort that went into creating your enjoyment

Say I buy an indefinite license to use a video game. Then the game's publisher or the platform's owner unilaterally revokes that license. What do I have to show for having "respect[ed] the time and effort that went into creating your enjoyment"?

Comment Re: What does someone think "owning" a game would (Score 1) 112

Title 17, United States Code, reserves specific rights to the owner of a copy. It defines a copy as a physical object in which a work is fixed (17 USC 101).

Licensed for how long?

The owner of a copy of a computer program retains the right to use that copy, including the right to make essential ephemeral copies in RAM, as long as the copy remains readable (17 USC 117).

And how do you obtain a copy of the software to exercise your licensed rights?

As I understand it, ownership of a physical object is defined by the personal property laws of the several states.

Comment Re:What does someone think "owning" a game would m (Score 1) 112

You've have never owned a copy of a game

A "copy" under United States copyright law is any physical object in which a work of authorship is fixed, such as a game cartridge or game disc. The owner of a lawfully made copy of a work enjoys two carveouts, or uses deemed noninfringing. One is reselling that copy (17 USC 109). Another is making private copies essential to the use of a computer program (17 USC 117). These carveouts subsist as long as the copy remains readable. A license through PlayStation Store does not.

Comment Two statutory carveouts: first sale and RAM copies (Score 2) 112

Even in the time of picking up PS2 discs at GameStop you were only buying a license to run those games on your console

This license consists of uses carved out as noninfringing in the copyright law. For video games distributed in physical copies, two carveouts are most salient: exhaustion of the exclusive distribution right with respect to a particular copy after the first sale, and making private copies required to use a computer program, such as ephemerally reproducing the program in RAM. (Under US law, these are 17 USC 109 and 17 USC 117. Feel free to describe analogous carveouts in other countries' copyright law.)

What these carveouts have in common is that neither the copyright owner nor a platform gatekeeper can remotely make copies unusable. PlayStation Store doesn't give licensees even this assurance.

Comment Re:Fan of owning your own device (Score 1) 37

It doesn't seem that bad anyway. They can run arbitrary code, for that boot... But the flash encryption key is in the secure enclave, right? So all the user's data is safe, the OS can't be tampered with, and since it's only in memory a power cycle or probably even just a reboot will clear it.

I'm sure some Israeli company is working on a chained exploit as we speak, but I think if you are concerned about that you probably want to avoid Apple devices anyway. They are a very popular target for those companies.

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